Ranjit @ Shiva Lal Singh v. The State Of Maharashtra

23-BA-2944-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2944 OF 2022 Ranjit @ Shiva Lal Singh ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Ms. Amisha Lolusare instructed by Mr. Siddhesh Ghodke for the Applicant.

Ms. M.M. Deshmukh, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 28 NOVEMBER 2022 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 292 of 2020 registered at Atpadi Police Station, Sangli for the offence punishable under Sections 302, 498-A, 120-B, 201 r/w. 34 of Indian Penal Code. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

The present applicant is accused No.2 in the aforesaid crime. The deceased was the wife of accused No.1. According to the prosecution, Kanchan P Dhuri 1 / 2

23-BA-2944-2022.odt the accused No.1 was having extra marital affair. The accused No.1, thus hatched the conspiracy with the present applicant and other co-accused to commit the murder of the deceased. It is alleged that pursuant to said conspiracy on 26th September 2020, the deceased was murdered. The only incriminating evidence against the present applicant is two witnesses had seen the present applicant with accused No.1 in the intervening night of 25th September 2020 and 26th September 2020.

5.

Admittedly the case is based on circumstantial evidence. Motive for alleged crime is attributed to accused No.1. Prima facie there appears to be no material as to what made the present applicant to hatch the conspiracy with accused No.1 and commit the murder of the deceased. Considering the facts and circumstances, I am inclined to release the applicant on bail. Hence, the following order is passed : (i) Application is allowed.

(ii) The applicant - Ranjit @ Shiva Lal Singh be released on bail in Crime No. 292 of 2020 registered at Atpadi Police Station, Sangli for the offence punishable under Section 302 of Indian Penal Code on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) The applicant shall attend the concerned police station once in a month i.e. first Saturday between 11.00 a.m. to 2.00 p.m. till the conclusion of the trial.

by KANCHAN PRASHANT DHURI Date:

2022.11.30 18:36:02 +0530 KANCHAN PRASHANT DHURI ( N.R. BORKAR, J. ) Kanchan P Dhuri 2 / 2